Good afternoon,

I have included below a selection of my most recent cases, which should be of interest to your frontline staff who assist tenants in navigating the obstacles that often impede and frustrate them, causing unnecessary rent arrears.

  1. Renting to vulnerable family members claiming Universal Credit

Some of my most-read articles cover tenancies between relatives, when Housing Benefit (HB) or Universal Credit (UC) housing costs have been refused. In most cases, I can overturn the DWP or the Council’s decision, as there is nothing unlawful or improper about renting to a family member who needs help finding a suitable property and meeting their rent liability. What matters is whether the tenancy is genuine: normal market-style terms apply, there’s a clear liability to pay rent, and evidence that rent is expected and paid, ideally by bank transfer.

In a recent case, a council in the south of England refused HB to a mother renting from her son. They contacted me after reading an earlier article about a successful family-tenancy appeal. You can read more about the case and issues addressed  here

  1. Housing costs, Decision notices and ICE referrals

This case illustrates a common problem I continue to see in #UniversalCredit housing costs cases. When DWP refuses housing costs, it must issue a proper written decision with reasons and offer clear revision, Mandatory Reconsideration and appeal rights. A brief or cryptic journal entry stating “your housing costs have not been approved” is not enough.

The case also shows why “entitlement” disputes must not be misrouted as complaints. When a representative requests an adverse decision to be reviewed, the issue should be considered by someone with decision-making expertise. Delay at this stage can leave claimants facing rent arrears, distress, and avoidable tribunal proceedings.

In this case, DWP eventually conceded the appeal and paid the £8000 in arrears but only after months of delay. Even then, implementation of the revised decision was made unnecessarily difficult by demanding that the claimant report a tribunal outcome as a “change of circumstances”, when it’s not. The matter is now being referred to the Independent Case Examiner for compensation, not simply because one decision was wrong, but because the handling of the case reveals process failures that should not be repeated.  You can read the full post here.

  1. When a Housing Costs Query Reveals a Much Bigger Universal Credit Problem

A Simple Housing Costs Query

A routine Universal Credit housing costs query can sometimes reveal a much bigger problem.

In this case, what began as a request to correct Miss P’s Housing Costs Element (HCE) led to a wider review of her award. That review identified a potentially significant issue: despite her lifelong condition, she had secured a position as a support to professional nursery staff, due to her mother’s friendship with the Nursery owner. Despite her limited earnings and PIP (Daily Living) highest rates, she had never been assessed for LCWRA, and no Work Allowance appeared to have been applied.

The case is a useful reminder for advisers that the presenting issue is not always the main issue. A full review of the award uncovered £13000 of missed entitlement, historic underpayments and questions that should have been considered much earlier in the claim. See link 

These are all examples of how effective tenant advocacy can attract benefits to both tenant (financially better-off) and landlord through reduced or extinguished rent arrears.

Regards

Bill Irvine

UC Advice & Advocacy Ltd

Tel: 07733 080 389